KUM CHAYA Vs. SHARANAPPA AMBANNA

JUDGEMENT

(1.) Appellants in these two appeals are the claimants. Being not satisfied with the quantum of compensation awarded in MVC Nos.706 and 707 of 2009 dated 10-04-2013 passed by the Motor Accident Claims Tribunal, Davanagere (hereinafter referred to as "the Tribunal" for short), they filed these appeals seeking enhancement of compensation.

(2.) The appellants filed the claim petitions contending that on 01-06-2008 while they were proceeding in the Maruthi Van bearing Registration No.KA-17/9137 along with other inmates, the driver of the lorry bearing Registration No. KA-25/B-8663, drove the same in a rash and negligent manner endangering human life and hit the Maruthi Van. Due to the impact, both the claimants sustained grievous injuries. Immediately after the accident, they were shifted to Bapuji Hospital at Davanagere wherein they took treatment as inpatients. In view of the injuries sustained, they have become permanently disabled to do the work which they were doing prior to the accident, Hence sought for compensation of Rs.1,00,000/- and Rs.2,00,000/- respectively.

(3.) The insurance company filed the written statement contending that driver of the offending lorry was not having license to drive the lorry. Hence, the insurance company is not liable to compensate the claimants.